Lower Sales Tax Revenues Can’t Stop The SMART Train

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In 2008, voters in the California counties of Sonoma and Marin approved a one-quarter percent sales tax increase to build a transportation network connecting those two counties.
United States Tax
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Article by Lewis G. Feldman , Bruce J. Graham , Robert M. Haight, Jr. , R. Jeffrey Lyman , Edward Matson Sibble , Douglas A. Praw , Jung W. Han Jessica M. Gill and Lauren M. Borella .

In 2008, voters in the California counties of Sonoma and Marin approved a one-quarter percent sales tax increase to build a transportation network connecting those two counties. The project is being coordinated by the Sonoma Marin Area Rail Transit District ("SMART" District), and was originally planned to feature a 70-mile passenger railroad along an existing Northern Pacific Railroad right-of-way, with parallel pedestrian and bike paths, stretching from the northern end of Sonoma County to the ferry terminal at Larkspur in Marin County, where commuters catch the Golden Gate Ferry into San Francisco.

California sales tax revenues have fallen short of original projections, however, and the SMART project now faces a shortfall in required financing. SMART officials have elected nonetheless to go ahead with their initial bond offering in June 2011, and focus on an abridged, 37-mile version of the railway. The initial phase of the project is scheduled to open in 2014, and will connect the county seats of Sonoma and Marin Counties.

The District announced that it will seek to sell approximately $161 million in sales tax revenue bonds in June 2011, which will provide less than the entirety of the proceeds needed for an abridged version of the railway. The District is further constrained by the 2029 expiration of the targeted sales tax, which limits the maturity of the bonds to 18 years.

SMART officials met recently to discuss further curtailments to the project to accommodate the reduced revenues, which are expected to include fewer passenger stations and the elimination of a portion of the bike paths.

Goodwin Procter LLP is one of the nation's leading law firms, with a team of 700 attorneys and offices in Boston, Los Angeles, New York, San Diego, San Francisco and Washington, D.C. The firm combines in-depth legal knowledge with practical business experience to deliver innovative solutions to complex legal problems. We provide litigation, corporate law and real estate services to clients ranging from start-up companies to Fortune 500 multinationals, with a focus on matters involving private equity, technology companies, real estate capital markets, financial services, intellectual property and products liability.

This article, which may be considered advertising under the ethical rules of certain jurisdictions, is provided with the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin Procter LLP or its attorneys. © 2011 Goodwin Procter LLP. All rights reserved.

Lower Sales Tax Revenues Can’t Stop The SMART Train

United States Tax

Contributor

At Goodwin, we partner with our clients to practice law with integrity, ingenuity, agility, and ambition. Our 1,600 lawyers across the United States, Europe, and Asia excel at complex transactions, high-stakes litigation and world-class advisory services in the technology, life sciences, real estate, private equity, and financial industries. Our unique combination of deep experience serving both the innovators and investors in a rapidly changing, technology-driven economy sets us apart.
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